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Probate

When an individual passes away, the individual’s estate enters into a legal process known as probate. While in Probate, the decedent's debts and asset distribution are addressed in order for an estate to clear the probate process.

If a valid Last Will and Testament has been provided to the court, the will be reviewed, the contents of the Testamentary Will made known, and to provide a specific period of time to allow family members or relevant parties contest the will. In most states the law typically provides 90 days after the Notice of Administration has been provided by the Personal Representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.

If debt is owed by the decedent, this may also be the best time to negotiate a reduced and reasonable settlement amount for the debt that is owed, or to formally dispute debt claims against the estate.

Many families do not find out that claims of debt against the estate exist until the estate of their loved one enters into probate. While many estates are able to clear the probate process without significant roadblocks, seeking the professional advice and representation to handle Probate for your loved one's estate gives you the advantage of effectively addressing any bumps road you may have to deal with in order to clear the estate through probate.

The probate process can be very detailed, involve many complex issues including, but not limited to:

  • The content, validity, potential disputes, and execution of a decedent's will;
  • Claims of debt against the decedent's estate;
  • Potential allegations of Undue Influence of the decedent's will, or claims of entitlement form those who have been left out of the will, or believe the estate is not being distributed fairly;
  • Estate Administration Issues;
  • Child Guardian Issues regarding the children of the decedent;
  • Asset and Property Distribution;
  • And many other relevant estate issues.

Having a Last Will and Testament legally drafted gives you the ability to be as detailed as you see fit to ensure your wishes are clearly stated regarding estate matters or other relevant issues. In the absence of a Testamentary Will, the court will make rulings regarding the estate, and the potential for legal disputes over your estate and assets are significantly increased.

Probate litigation disputes may range from contested wills, breach of fiduciary duty, to issues regarding undue influence, or a whole host of other contested points of interest.

Protect your legal rights, make sure you are treated fairly, contact an experience attorney, lawyer, or law firm today!

If you need to explore your Probate options, we urge you to then seek the legal advice and representation of professional legal counsel to ensure your legal rights and options are both protected and aggressively represented.

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Probate Attorneys, Lawyers, and Law Firms protecting the Legal Rights of those dealing with Probate issues in your State, Local City, and Township.